#TalkCurlyToMe Contest

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

  1. PROMOTION:  The #TalkCurlyToMe Contest (the “Contest”) starts on August 29, 2021 at 12:00 AM Eastern Time (“ET”) and ends on November 27, 2021 at 11:59 PM ET (“Contest Period”).  Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.
  2.  

  3. ELIGIBILITY: Contest is open to residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, 18 years of age or older at time of entry. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these Official Rules.  Employees of Garnier (“Sponsor”), and its respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
  4.  

  5. HOW TO ENTER: During the Contest Period, 1) visit TikTok on your desktop or mobile device; 2) create a video inspired by Garnier Fructis Curl Product using the #TalkCurlyToMe song in the TikTok library; 3) submit using #TalkCurlyToMe and #Contest. All online entries must be received by 11:59 PM ET on November 27, 2021 to be eligible. Limit one (1) entry per person, for the duration of the Contest Period. Multiple Entries received from any person, after the first entry received will be void. Entries generated by script, macro or other automated means or means which subvert the entry process will be void. All Entries become the property of Sponsor and will not be acknowledged or returned.

    Entrant is responsible for obtaining, prior to submission of the entry, any and all necessary releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry.

    To participate in the Contest you must have a non-private TikTok account. If you do not have an TikTok account, go to www.TikTok.com and create an account according to the instructions on the website. Creating an account is free and you may be asked to agree to the terms of service and privacy policy of the relevant platform. This Contest is in no way sponsored, endorsed or administered by, or associated with TikTok. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not TikTok. If you choose to enter using your mobile device, standard data fees may apply. See your wireless provider for pricing plan details. See your wireless provider for pricing plan details. Entry must meet Tik Tok's Terms of Service at https://www.tiktok.com/legal/terms-of-use?lang=en its Community Guidelines at https://support.tiktok.com/en/privacy-safety/community-policy-en.
  6.  

  7. REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
    • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
    • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
    • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
    • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
    • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
    • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
    • promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
    • is obscene or offensive; endorses any form of hate or hate group;
    • appears to duplicate any other submitted Entries;
    • defames, misrepresents or contains disparaging remarks about other people or companies;
    • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate;
    • and/or violates any law.

    Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein.

    By submitting an entry, entrant hereby grants permission for the entry to be posted on Garnier branded websites or social platforms. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry. Entrants agree that they will not use the entry for any other purpose, including, without limitation, posting the entry to any online social networks, without the express consent of Sponsor in each instance.

     

  8. JUDGING: All eligible Entries received by Sponsor will be judged by a panel of qualified judges based on the following criteria: Creativity 50%, Quality of Submission 30%, Uniqueness 20%. The one (1) entry with the highest cumulative score from all criteria will be deemed the potential Grand Prize Winner. The ten (10) entries with the next highest scores will be deemed the First Place Winners. In the event of a tie for either Grand Prize or First Prize winners an additional, “tie-breaking” judge will determine the winners based on the criteria listed above. Sponsor reserves the right to award fewer than eleven (11) winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
  9.  

  10. WINNER NOTIFICATION: Potential winner will be notified via TikTok on or about December 2, 2021. If user has enabled direct messaging on their TikTok account, potential winner will be notified via direct message on their TikTok account from Sponsor. If potential winner does not have direct messaging enabled, the potential winner will receive prize notification via a comment on their submitted TikTok video from Sponsor. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within seven (7) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If any potential winner is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
  11.  

  12. GRAND PRIZE: One (1) potential winner will receive the opportunity to star in the next Garnier Curl Advertisement Campaign in Los Angeles or New York on dates to be determined by Sponsor. Dates are subject to change. Trip package includes round trip, coach-class air transportation for one (1) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to New York or Los Angeles and a two (2) night hotel stay at a hotel determined by Sponsor in its sole discretion (single room, double occupancy.) Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Winners are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. If winner is a minor in his/her state of residence, a parent or guardian must accompany the winner. Travel companion must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value (“ARV”): up to $2,999.00 USD. Actual value may vary based on airfare fluctuations, currency rate fluctuations, and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Winner is responsible for all taxes and fees associated with prize receipt and/or use specified herein as being provided, including transportation, security fees, luggage fees, meals, souvenirs, upgraded room accommodations, miscellaneous hotel expenses, gratuities and other expenses not explicitly included in the Prize package are the sole responsibility of the winner. FIRST PRIZE: Ten (10) potential winners will each receive a selection of Garnier product, Approximate Retail Value (“ARV”) is $200.00. Product selection determined by Sponsor. Total ARV of all Prizing: $4,999.00. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right not to award all prizes or to choose fewer than eleven (11) winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
  13.  

  14. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
  15.  

  16. USE OF ENTRIES: By submitting an entry, you hereby grant the Sponsor, Influencer, their affiliates and their Administrators the irrevocable, perpetual, royalty free, worldwide license to use, reproduce, publish, edit, market, store, adapt, assign, distribute, have distributed, publicly and privately display, communicate, create derivative works based upon, and promote the entry or excerpts of the entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, other Sponsor-selected media, and on third party retail sites featuring Garnier).
  17.  

  18. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, postage-due or garbled Entries or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries the announcement of the prizes, the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
  19.  

  20. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
  21.  

  22. USE OF DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at www.garnierusa.com. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
  23.  

  24. REQUEST FOR WINNERS’ LIST: For the name of winners (available after December 16, 2021), send a self-addressed, stamped, envelope June 16, 2022 to: #TalkCurlyToMe Contest Winners, c/o Garnier, 10 Hudson Yards, New York, NY 10001
  25.  

  26. SPONSOR: Garnier, 10 Hudson Yards, New York, NY 10001